25 LC 48 1604S
The Senate Committee on Judiciary offered the following
substitute to HB 179:
A BILL TO BE ENTITLED
AN ACT
To amend Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated,1
relating appellate practice, so as to provide for the digital recording of certain trial2
proceedings; to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia3
Annotated, relating to procedure for persons under sentence of state court of record, so as to4
provide for digital recording of certain felony trial proceedings; to amend Title 15 of the5
Official Code of Georgia Annotated, relating to courts, so as to provide for the digital6
recording of certain Georgia State-wide Business Court proceedings; to provide for the7
utilization and regulation of digital recording systems; to provide for definitions; to provide8
for related matters; to provide for an effective date; to repeal conflicting laws; and for other9
purposes.10
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11
PART I12
SECTION 1-1.13
Article 2 of Chapter 6 of Title 5 of the Official Code of Georgia Annotated, relating to14
appellate practice, is amended by revising Code Section 5-6-41, relating to reporting,15
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preparation, and disposition of transcript, correction of omissions or misstatements,16
preparation of transcript from recollections, filing of disallowed papers, filing of stipulations17
in lieu of transcript, and reporting at party's expense, as follows:18
"5-6-41.19
(a) For any felony trial; for any post-indictment evidentiary hearing in a felony case20
excluding arraignments, guilty pleas, bond hearings, and any hearings in which no witness21
testifies; and for all proceedings in a case in which the prosecuting attorney has filed a22
notice of intent to seek the death penalty In all felony cases, the transcript of evidence and23
proceedings shall be reported and prepared by a court reporter as provided in Code24
Section 17-8-5 or as otherwise provided by law. In all other felony proceedings, the25
transcript of evidence and proceedings shall either be reported and prepared by a court26
reporter as provided in Code Section 17-8-5 or as otherwise provided by law or, except as27
provided in Code Section 5-6-41, in the judge's discretion, be recorded via a digital28
recording system, as defined in Code Section 15-14-22, and as provided for by uniform29
court rules adopted and published by order of the Supreme Court with the advice and30
consent of the council of the affected class or classes of trial courts.31
(b) In all misdemeanor cases, the trial judge may, in the judge's discretion, require the32
reporting and transcribing of the evidence and proceedings by a court reporter on terms33
prescribed by the trial judge, or, except as provided in Code Section 5-6-41, may require34
the recording of the evidence and proceedings via a digital recording system, as defined in35
Code Section 15-14-22, and as provided for by uniform court rules adopted and published36
by order of the Supreme Court with the advice and consent of the council of the affected37
class or classes of trial courts.38
(c) In all civil cases tried in the superior and city courts, in the Georgia State-wide39
Business Court, and in any other court, the judgments of which are subject to review by the40
Supreme Court or the Court of Appeals, the trial judge thereof may require the parties to41
have the proceedings and evidence reported by a court reporter, the costs thereof to be42
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borne equally between them, or, except as provided in Code Section 5-6-41, recorded via43
a digital recording system, as defined in Code Section 15-14-22, and as provided for by44
uniform court rules adopted and published by order of the Supreme Court with the advice45
and consent of the council of the affected class or classes of trial courts; and, where an46
appeal is taken which draws in question the transcript of the evidence and proceedings, it47
shall be the duty of the appellant to have the transcript prepared at the appellant's expense. 48
Where it is determined that the parties, or either of them, are financially unable to pay the49
costs of reporting or transcribing, and the proceeding was not recorded by a digital50
recording system, as defined in Code Section 15-14-22, the judge may, in the judge's51
discretion, authorize trial of the case unreported; and, when it becomes necessary for a52
transcript of the evidence and proceedings to be prepared, it shall be the duty of the moving53
party to prepare the transcript from recollection or otherwise.54
(d) Where a trial in any civil or criminal case is reported by a court reporter or recorded55
via a digital recording system, as defined in Code Section 15-14-22, and as provided for56
by uniform court rules adopted and published by order of the Supreme Court with the57
advice and consent of the council of the affected class or classes of trial courts, all motions,58
colloquies, objections, rulings, evidence, whether admitted or stricken on objection or59
otherwise, copies or summaries of all documentary evidence, the charge of the court, and60
all other proceedings which may be called in question on appeal or other posttrial61
procedure shall be reported or recorded; and, where the report or recording is transcribed,62
all such matters shall be included in the written transcript, it being the intention of this63
article that all these matters appear in the record. Where matters occur which were not64
reported or recorded, such as objections to oral argument, misconduct of the jury, or other65
like instances, the court, upon motion of either party, shall require that a transcript of these66
matters be made and included as a part of the record. The transcript of proceedings shall67
not be reduced to narrative form unless by agreement of counsel; but, where the trial is not68
reported or recorded or the transcript of the proceedings for any other reason is not69
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available and the evidence is prepared from recollection, it may be prepared in narrative70
form.71
(e) Where a civil or criminal trial is reported by a court reporter or recorded via a digital72
recording system, as defined in Code Section 15-14-22, and as provided for by uniform73
court rules adopted and published by order of the Supreme Court with the advice and74
consent of the council of the affected class or classes of trial courts, and the evidence and75
proceedings are transcribed, the a court reporter shall complete the transcript and file the76
original and one copy thereof with the clerk of the trial court, together with the court77
reporter's certificate attesting to the correctness thereof. In criminal cases where the78
accused was convicted of a capital felony, an additional copy shall be filed for the Attorney79
General, for which the court reporter shall receive compensation from the Department of80
Law as provided by law. The original transcript shall be transmitted to the appellate court81
as a part of the record on appeal; and one copy will be retained in the trial court, both as82
referred to in Code Section 5-6-43. Upon filing by the court reporter, the transcript shall83
become a part of the record in the case and need not be approved by the trial judge.84
(f) Where any party contends that the transcript or record does not truly or fully disclose85
what transpired in the trial court and the parties are unable to agree thereon, the trial court86
shall set the matter down for a hearing with notice to both parties and resolve the difference87
so as to make the record conform to the truth. If anything material to either party is omitted88
from the record on appeal or is misstated therein, the parties by stipulation, or the trial89
court, either before or after the record is transmitted to the appellate court, on a proper90
suggestion or of its own initiative, may direct that the omission or misstatement shall be91
corrected and, if necessary, that a supplemental record shall be certified and transmitted by92
the clerk of the trial court. The trial court or the appellate court may at any time order the93
clerk of the trial court to send up any original papers or exhibits in the case, to be returned94
after final disposition of the appeal.95
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(g) Where a proceeding is recorded via a digital recording system, as defined in Code96
Section 15-14-22, and as provided for by uniform court rules adopted and published by97
order of the Supreme Court with the advice and consent of the council of the affected class98
or classes of trial courts, such recording shall not be considered the record of the99
proceeding unless it is transcribed and certified pursuant to subsection (b) of Code100
Section 15-14-5. Such transcript shall not be created if the recorded proceeding is also101
taken down and transcribed by a court reporter.102
(g)(h) Where a trial is not reported or recorded as referred to in subsections (b) and (c) of103
this Code section or where for any other reason the transcript of the proceedings is not104
obtainable and a transcript of the evidence and proceedings is prepared from recollection,105
the agreement of the parties thereto or their counsel, entered thereon, shall entitle such106
transcript to be filed as a part of the record in the same manner and with the same binding107
effect as a transcript filed by the court reporter as referred to in subsection (e) of this Code108
section. In case of the inability of the parties to agree as to the correctness of such109
transcript, the decision of the trial judge thereon shall be final and not subject to review;110
and, if the trial judge is unable to recall what transpired, the judge shall enter an order111
stating that fact.112
(h)(i) Where any amendment or other pleading or paper which requires approval or113
sanction of the court in any proceeding before being filed of record is disallowed or114
sanction thereof is refused, the amendment, pleading, or paper may nevertheless be filed,115
with notation of disallowance thereon, and shall become part of the record for purposes of116
consideration on appeal or other procedure for review.117
(i)(j) In lieu of sending up a transcript of record, the parties may by agreement file a118
stipulation of the case showing how the questions arose and were decided in the trial court,119
together with a sufficient statement of facts to enable the appellate court to pass upon the120
questions presented therein. Before being transmitted to the appellate court, the stipulation121
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shall be approved by the trial judge or the presiding judge of the court where the case is122
pending.123
(j)(k) In all cases, civil or criminal, any party may as a matter of right have the case124
reported by a court reporter at the party's own expense."125
SECTION 1-2.126
Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to127
procedure for persons under sentence of state court of record, is amended by revising Code128
Section 9-14-50, relating to transcription of proceedings, as follows:129
"9-14-50.130
All trials held under this article shall be recorded via a digital recording system, as defined131
in Code Section 15-14-22, and as provided for by uniform court rules adopted and132
published by order of the Supreme Court with the advice and consent of the council of the133
affected class or classes of trial courts and transcribed by a court reporter, or taken down134
and transcribed by a court reporter, as designated by the superior court hearing the case."135
PART II136
SECTION 2-1.137
Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising138
Code Section 15-5A-14, relating to the employment and compensation of other personnel,139
as follows:140
"15-5A-14.141
The judge of the Georgia State-wide Business Court may employ and fix the salaries of142
stenographers, clerical assistants, and such other employees as may be deemed necessary143
by the court; and the salaries therefor shall be paid by the clerk from the amount144
appropriated by the General Assembly for such purposes. Except as provided in145
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subsection (k) of Code Section 5-6-41, the judge may also provide for the recording of146
cases via a digital recording system, as defined in Code Section 15-14-22, and as provided147
for by uniform court rules adopted and published by order of the Supreme Court with the148
advice and consent of the Georgia State-wide Business Court."149
SECTION 2-2.150
Said title is further amended by revising subsection (a) of Code Section 15-7-47, relating to151
court reporters, waiver, and compensation relative to state courts, as follows:152
"(a) State courts shall make available for the reporting of civil and criminal trials a court153
reporter, as defined in Code Section 15-14-22, or a digital recording system, as defined in154
Code Section 15-14-22, and as provided for by uniform court rules adopted and published155
by order of the Supreme Court with the advice and consent of The Council of State Court156
Judges of Georgia Court reporting personnel shall be made available for the reporting of157
civil and criminal trials in state courts, subject to the laws governing same in the superior158
courts of this state, or both. Except as provided in subsection (k) of Code Section 5-6-41,159
the judge shall have discretion as to whether to use a digital recording system, as defined160
in Code Section 15-14-22."161
SECTION 2-3.162
Said title is further amended by revising subsection (f) of and by adding a new subsection to163
Code Section 15-12-83, relating to oath of court reporter attending grand jury proceeding,164
compensation, and role and responsibilities, to read as follows:165
"(f) The district attorney may utilize a digital recording system, as defined in Code166
Section 15-14-22, and as provided for by uniform court rules adopted and published by167
order of the Supreme Court with the advice and consent of the council of the affected class168
or classes of trial courts to record grand jury proceedings.169
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(g) Except as otherwise provided in this Code section, a recording, any court reporter's170
notes, and any transcript prepared from such recording or notes shall be provided solely to171
the district attorney, who shall retain control of such recording, notes, and transcript. The172
district attorney may use such materials to the extent such use is appropriate to the proper173
performance of his or her official duties, including compliance with Article 1 of Chapter 16174
of Title 17."175
SECTION 2-4.176
Said title is further amended by revising Code Section 15-14-1, relating to power of superior177
court judges to appoint and remove, oath, and duties, as follows:178
"15-14-1.179
The judges of the superior courts shall have power to appoint and, at their pleasure, to180
remove a court reporter, as defined in Article 2 of this chapter Code Section 15-14-22, for181
the courts of their respective circuits. The court reporter, before entering on the duties of182
the court reporter's office, shall be duly sworn in open court to perform faithfully all the183
duties required of the court reporter by law. It shall be the court reporter's duty to attend184
all courts in the circuit for which such court reporter is appointed and, when directed by the185
judge, to record exactly and truly or take stenographic notes of the testimony and186
proceedings in the case tried, except the arguments of counsel. Except as provided for in187
subsection (k) of Code Section 5-6-41, the judges may provide for the recording of cases188
and proceedings via a digital recording system, as defined in Code Section 15-14-22, and189
as provided for by uniform court rules adopted and published by order of the Supreme190
Court with the advice and consent of The Council of Superior Court Judges of Georgia191
when such recording is authorized pursuant to Code Section 5-6-41."192
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SECTION 2-5.193
Said title is further amended by revising subsection (a) of Code Section 15-14-2, relating to194
power of city court judges to appoint and compensation, as follows:195
"(a) The judges of the city courts of this state having concurrent jurisdiction with the196
superior courts of this state to try misdemeanor cases and to try civil cases where the197
amount involved exceeds $500.00, where not otherwise specifically provided for by law,198
may appoint an official court reporter, as defined in Article 2 of this chapter Code199
Section 15-14-22, whose compensation for reporting criminal and civil cases and for200
attendance upon court shall be the same as provided by the Judicial Council pursuant to201
Code Section 15-5-21. Except as provided in subsection (k) of Code Section 5-6-41, the202
judges may also provide for the recording of cases via a digital recording system, as203
defined in Code Section 15-14-22, and as provided for by uniform court rules adopted and204
published by order of the Supreme Court with the advice and consent of the council of the205
affected class or classes of trial courts. The court reporter reporting and transcribing civil206
cases shall be paid by the party or parties requesting the reporting or transcribing."207
SECTION 2-6.208
Said title is further amended by revising Code Section 15-14-5, relating to duty to transcribe209
and certificate, as follows:210
"15-14-5.211
(a) It shall be the duty of each court reporter to transcribe the evidence and other212
proceedings of which he has taken notes as provided by law whenever requested so to do213
by counsel for any party to such case and upon being paid the legal fees for such214
transcripts. The reporter, upon delivering the transcript to such counsel, shall affix thereto215
a certificate signed by him or her reciting that the transcript is true, complete, and correct. 216
Subject only to the right of the trial judge to change or require the correction of the217
transcript, the transcript so certified shall be presumed to be true, complete, and correct.218
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(b) When a court proceeding has been recorded via a digital recording system, as defined219
in Code Section 15-14-22, and as provided for by uniform court rules adopted and220
published by order of the Supreme Court with the advice and consent of the council of the221
affected class or classes of trial courts, if requested or required by law, a transcript shall be222
prepared by a certified court reporter. If a court reporter receives such recording from the223
court, the court reporter shall transcribe the recording completely and accurately in224
accordance with rules promulgated by the Judicial Council of Georgia or any applicable225
uniform rules. The court reporter, upon delivering the transcript to the requesting party or226
upon filing it with the clerk, shall affix thereto a signed certificate reciting that the227
transcript is true, complete, and correct. Subject only to the right of the trial judge to228
change or require the correction of the transcript, a transcript so certified shall be presumed229
to be true, complete, and correct."230
SECTION 2-7.231
Said title is further amended by revising Code Section 15-14-22, relating to definitions232
relative to training and certification of court reporters, as follows:233
"15-14-22.234
As used in this article, the term:235
(1) 'Board' means the Board of Court Reporting of the Judicial Council.236
(2) 'Certified court reporter' means any person certified under this article to practice237
verbatim reporting.238
(3) 'Court reporter' means any person who is engaged in the practice of court reporting239
as a profession as defined in this article. The term 'court reporter' Such term shall include240
not only those who actually report judicial proceedings in courts but also those who make241
verbatim records as defined described in paragraph (4) of this Code section.242
(4) 'Court reporting' means the making of a verbatim record by means of manual243
shorthand, machine shorthand, closed microphone voice dictation silencer, or by other244
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means of personal verbatim reporting of any testimony given under oath before, or for245
submission to, any court, referee, or court examiner or any board, commission, or other246
body created by statute, or by the Constitution of this state or in any other proceeding247
where a verbatim record is required. The taking of a deposition is the making of a248
verbatim record as defined described in this article. Such term shall not include the249
operation of a digital recording system aside from those methods of making a verbatim250
record that require the passage of an examination accepted by the board pursuant to Code251
Section 15-14-30.252
(5) 'Digital recording system' means any method for creating an electronic audio or253
audiovisual recording of a court proceeding for the purpose of creating a verbatim254
transcript as provided for by uniform court rules adopted and published by order of the255
Supreme Court with the advice and consent of the council of the affected class or classes256
of trial courts."257
PART III258
SECTION 3-1.259
This Act shall become effective on January 1, 2026.260
SECTION 3-2.261
All laws and parts of laws in conflict with this Act are repealed.262
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